EMPEROR Vs. PRAMATHA NATH BAGCHI

JUDGEMENT

(1.) This is a reference under Section 307, Criminal Procedure Code.

(2.) The facts of the case are shortly these: On the 11th October 1918 there was a fire in the out-offices of the house of the Post Master of the Sub-Post Office at Rajbari. The fire was very soon extinguished. The Post Master s case is that at the time when the fire broke out, he was in his office and there were on his table 12 registered articles, that when be left the office, he asked the accused Promotho, who was a probationer in his office, to take care- of these articles and that he went to the place where the fire had occurred and came back within a very few minutes and found that the registered articles were all missing. He asked Promotho, who denied any knowledge of them. He then sent Promotho to lodge information at the Thana, though he says that he had his suspicions that Promotho had taken possession of those articles. As against the accused Hemanta it is said that he was in the Post Office verandah shortly before the fire. This was nothing unusual, as Hemanta and Promotho live together and were friends.

(3.) On receipt of the information from Promotho, the Sub-Inspector of Police took up the enquiry. Hemanta made to him certain statements upon which he went to the shop of one Shyama Charan and through an opening in the mat wall, Hemanta brought out five of the missing letters which were unopened and three bundles of currency notes with certain letters in them, but without the envelopes. The other four registered articles were not found and have not been traced since.